This package is designated to be used for cases with children when one spouse files for divorce individually.

When one spouse files for divorce by himself or herself, the course of action is different and requires additional steps and forms.

This route may be a preliminary to contested action, and the contest and/or disagreement over the terms and conditions of property division and distribution, alimony, child support and visitation and may end in a divorce trial. Frequently, however, when one party files alone, the couple nevertheless continue to negotiate, and a divorce that starts contested ends uncontested and, most important, without a trial.

This route begins with the Petition for Dissolution of Marriage, Certificate of Residency, Certificate of Document Preparation, (depending on the situation) Certificate Re: Pending Child Support Proceedings and/or Existing Child Support Orders/Judgment, Affidavit, Request to Segregate Protected Personal Information.

When one party files the petition, a Summons informs the other party that the action has started. The Summons give the Respondent 30 days to answer the Petition. If he or she does not, the Respondent has defaulted, and the action may proceed without an input from that party.

The Summons also carries with it the Notice of Statutory Restraining Order Preventing the Dissipation of Assets, which is provided by the court clerk when the petition is filed.

Summons may be delivered to the Respondent in one of three ways: 1) by the sheriff in the county in which the Respondent resides; 2) by a process server; or 3) by an person who is older than 18 when the recipient is served in Oregon. The Petitioner cannot serve the process. Whoever serves the divorce papers -- the Petition, the Summons, the Notice of Statutory Restraining Order -- returns to the Petitioner the Proof of Service or Affidavit of Service.

After 90-days have passed, the Petitioner must submit the forms to the court: Motion for Judgment with Hearing; Affidavit of the Petitioner, which, when approved, eliminates the need for a divorce hearing; Judgment of Dissolution of Marriage, which is the instrument ending the marriage; Child Support Computation Worksheets, which are used to calculate the amount of child support.

If between the time of filing and the end of 90 days, the couples achieve agreement, a Motion and Order Waiving 90-day Waiting period can be filed. This can also be filed after 30 days if the Respondent defaults.

If, during the 30-day period, the Respondent files an Answer, it is likely that he or she is preparing to contest the action. At this point, no one can draw a map of the course of the divorce because in contested actions the parties maneuver strategically, each for his or her own advantage.

If either party contests anything, the wait for a hearing will be much longer. During this time, many cases require temporary measures, such as child support or alimony, protective orders concerning children, orders for the use or preservation of assets, etc. Morever, it the action heads for trial, both sides may engage in discovery of necessary financial information.

Normally, a party needs one or more certified copies of his or her divorce decree if: he or she was awarded custody of the children; real property located in Oregon was awarded; motor vehicles, bank accounts, securities were awarded to one spouse or the other; a name changed; he judgment of dissolution requires that a former spouse maintain insurance

Divorcing a spouse who cannot or will not be located requires that the Petitioner serve notice by publication. This means that Petitioner must make a good faith search that demonstrates "due diligence" to locate the missing spouse. If this search is fruitless, he or she can petition the court for a Motion and Order Allowing Publication of Summons. This is an affidavit that specifies what the Petitioner did to locate the missing spouse before filing it. Very likely the Petitioner will have to appear in court for a short hearing to answer the judge’s questions about the missing spouse’s whereabouts and the efforts made at locating him or her. Subsequent to the court approval, the Petitioner publishes the Summons of the action in a newspaper. The publication is repeated four times. After that, the newspaper certifies the publication happened, and this certification becomes part of the record of the case.

Under Oregon law, in addition to the service by publication, a copy of the Summons must be mailed to the missing spouse’s last known address. This step may be omitted, however, when the Petitioner does not know the last known address of the missing spouse.